Vijay Shankar Prasad Barnwal @ Vijay Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1416 of 2020 Arising Out of PS. Case No.-672 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== VIJAY SHANKAR PRASAD BARNWAL @ VIJAY SHANKAR PRASAD Son of Late Lalan Prasad Resident of Village-Chanpatia, P.S.-Chanpatia, District-West Champaran.

... ... Petitioner.

Versus

1.

THE STATE OF BIHAR 2.

Abhay Kumar Tiwari Son of Sri Ramakant Tiwari Resident of At Present C/o Smt. Pratima Jha, wife of Late S.N. Jha, resident of villageBanuchhapar, Ward No.8, P.S-Bettiah Muffasil, District-West Champaran. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma,Advocate.

For the State :

Mr. Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 14-01-2020 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioner to quash the order dated 28.06.2019 passed in Complaint Case No.672-C of 2019 (CIS No.660 of 2019) by the court of the Additional Chief Judicial Magistrate-I, West Champaran, Bettiah, summoning the petitioner and one accused, namely, Ranjeet Prasad, on inquiry under Section 204 of the Code of Criminal Procedure, finding prima facie case against them for

Patna High Court CR. MISC. No.1416 of 2020 dt.14-01-2020 2/2 the offence under Sections 420 and 120(B) of the Indian Penal Code and Section 138 of the N.I. Act.

3. On going through the impugned order, I find no illegality therein amounting to an abuse of the process of the court for interference with the same in an extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure.

4. Accordingly, this application stands dismissed. However, the petitioner would be at liberty to raise all the points, as raised herein, before the trial court at the appropriate stage.

(Rajendra Kumar Mishra, J) Pradeep Srivastava/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.01.2020.

Transmission Date 16.01.2020.